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The EU and LGBTIQ+ Equality

21.06.2021

“I will not rest when it comes to building a Union of Equality. A Union where you can be who you are and love who you want – without fear of recrimination or discrimination. Because being yourself is not your ideology. It’s your identity. And no-one can ever take it away.”

- Ursula von der Leyen, President of the European Commission State of the Union 2020


Everyone in the European Union has the right to be treated equally.  

Since 1999, the EU has had the power to act in cases of discrimination based on sexual orientation. Since then, it has adopted legislation and has taken measures to extend legal and social protection for LGBTI people.

 

WHAT THE EU IS DOING

(source: https://ec.europa.eu/info/sites/default/files/lgbtiq_factsheet_2020-2025_en.pdf )

The EU works to combat homophobia and discrimination on the basis of sexual orientation, gender identity to ensure that the rights of all LGBTI people are protected in the EU. In 2015, the European Commission presented a list of actions covering, for example, education, employment, health, free movement, asylum and hate crime.

The European Union works hand in hand with the countries of the EU as they are responsible for promoting and enforcing LGBTI rights such as legal recognition of same-sex couples and rules on legal gender recognition.

PROTECTING YOU FROM DISCRIMINATION AT WORK

Since 2003, it has been illegal in the EU to discriminate against people in the workplace on the basis of their sexual orientation. Legislation obliges all the countries in the EU to provide legal protection against discrimination when it comes to applying for a job, promotion or training as well as in matters concerning working conditions, pay and dismissal.

The same protection extends to discrimination and harassment in the field of employment and social security when it is made on the basis of gender reassignment.

WORKING WITH BUSINESSES

In 2010, the EU set up a Platform of Diversity Charters to encourage businesses, public bodies and non-profit organisations to promote diversity and equal opportunities in the workplace, including for LGBTI people.

STAYING SAFE

In order to fight against hate speech against LGBTI people online, in 2016 the European Commission agreed with Facebook, Twitter, YouTube and Microsoft on a code of conduct which asks them to review the majority of notifications of illegal hate speech within 24 hours and to remove such content if necessary. Instagram, Snapchat, Dailymotion and jeuxvideo.com signed up to the code of conduct in 2018 and 2019.

CROSSING BORDERS

The Court of Justice of the European Union has clearly stated that same-sex spouses have the right to reside in another EU country once their partner has become legally established there, even if the host country itself has not put in place same-sex marriages.

In general, EU countries decide their own laws on marriage, including same-sex marriage and other legally recognised relationships such as civil partnerships.

Map of Europe

PROMOTING EQUALITY AND SUPPORTING CIVIL SOCIETY

Civil society organisations help promote positive change and this is why the European Commission supports European LGBTI organisations such as ILGA-Europe, part of the International Lesbian, Gay, Bisexual, Trans and Intersex Association, Transgender Europe and IGLYO. The European Commission also financially supports LGBTI organisations at national level through the Rights, Equality and Citizenship Programme and the Erasmus+ programme. This funding helps organisations to raise awareness about the challenges and discrimination that LGBTI people face.

EU ACTION WORLDWIDE

The EU encourages other countries to ensure that sexual orientation, gender identity or sexual characteristics cannot be grounds for violence or criminal penalties.

The EU is also a major donor worldwide to projects aimed at combatting discrimination against LGBTI people, mainly through the European Instrument for Democracy and Human Rights. Since 2016, the EU has supported 16 projects implemented by civil society organisations in Asia, Africa, Latin America and Eastern Europe, totalling €5.2 million. In 2018, the EU launched a new €10 million fund to support LGBTI activists and organisations in areas where LGBTI people are at greater risk of discrimination.